Oral Answers to Questions

Debate between Stuart C McDonald and James Brokenshire

Monday 4th March 2019 Commons Chamber

[James Brokenshire]

I warmly commend Kettering Borough Council for the work that my hon. Friend outlined, and indeed councils for the way in which they have risen to the challenges. I commend all the work of the members and officers in Kettering for being able to deliver good-quality services in an efficient way.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

22. Surely local authorities that willingly step up to the plate as asylum dispersal areas deserve additional long-term central Government funding in recognition of the extra resources required to undertake that valuable work, and surely to goodness the Secretary of State would agree that the Home Office, rather than his Department, should pay for it.

Stronger Towns Fund

Debate between Stuart C McDonald and James Brokenshire

Monday 4th March 2019 Commons Chamber

[James Brokenshire]

That is why we want to see the development of what I might categorise as town deals, whereby we can bring different funding streams together to support that positive sense of how towns can fulfil their potential. This firmly forms part of that, but, as I have indicated, there are other sources of funding, and bringing those strands together will add that further leverage. I look forward to working with my hon. Friend as we seek to establish more of those town deals.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The biggest challenge facing many towns, including Cumbernauld, is the impending loss of a major employer: Her Majesty’s Revenue and Customs. Some 130 offices are set to be closed. If the Government want to support towns, surely HMRC must ditch its plans to move tens of thousands of good-quality jobs away from those very towns and into city centres.

[James Brokenshire]

The hon. Gentleman has made his point about HMRC, and I will ensure that it is relayed to the appropriate Treasury Minister.

Oral Answers to Questions

Debate between Stuart C McDonald and James Brokenshire

Monday 28th January 2019 Commons Chamber

[James Brokenshire]

I take the issue of rough sleeping, ensuring that lives are saved and that steps can be taken to provide further accommodation and support, extremely seriously. It is one of my priorities. It is why the rough sleeping strategy looks not only at accommodation, which of course is important, and we have taken steps through our rough sleeping initiative, with additional accommodation and additional support workers out there as a consequence, but at issues of health, addiction and mental health. That is why I am determined to make that difference; and our rough sleeping strategy will make that difference and will make rough sleeping a thing of the past.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

2. What recent discussions he has had with his counterparts in the devolved Administrations on the UK shared prosperity fund.

[The Secretary of State for Housing, Communities and Local Government (James Brokenshire)]

UK Government Ministers meet the devolved Administrations regularly to discuss EU exit matters, and the UK shared prosperity fund has been discussed several times in those conversations. Discussions have also been held by officials with their counterparts in the devolved Administrations and key external stakeholders.

[Stuart C. McDonald]

On 15 November, we were promised details of the replacement for EU structural funds, but more than two months on, groups across the country still have no idea what funding will be available to them after next year. Will the Secretary of State at least assure the House that the Government on this occasion will respect the devolution settlement, and that the Scottish Government’s role in delivering the structural funds will not be subject to a power grab?

[James Brokenshire]

The Government will of course respect the devolution settlements in Scotland, Wales and Northern Ireland, and we will engage with the devolved Administrations to ensure the fund works for all places across the UK. The hon. Gentleman will be aware of the guarantee that has already been given for structural funds through the 2014 to 2020 allocations, and we will certainly continue to discuss those issues with the devolved Administrations and others.

Oral Answers to Questions

Debate between Stuart C McDonald and James Brokenshire

Wednesday 20th December 2017 Commons Chamber

[Stuart C. McDonald]

When even the Government accept that their proposals for a frictionless border are untested and go beyond existing precedents, we can see why businesses read that as undeliverable, unless ongoing membership of the single market and customs union are involved. Given that the Minister insists that such membership is not necessary, will he tell us what progress has been made in exploring and designing alternative solutions?

[James Brokenshire]

The joint report highlights the progress that has been made. It sets out the framework that will take us into phase 2, with customs and other arrangements to ensure that there is no physical infrastructure on the border and to see that open trading relationship.

Oral Answers to Questions

Debate between Stuart C McDonald and James Brokenshire

Wednesday 28th June 2017 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

4. What assessment he has made of the implications of exiting the EU for the free movement of people between Northern Ireland and the (a) Republic of Ireland and (b) rest of the UK.

[The Secretary of State for Northern Ireland (James Brokenshire)]

The Government want to protect the ability to move freely between the UK and Ireland, which is an essential part of economic integration and daily community life. As my right hon. Friend the Prime Minister confirmed in this House last November, there will be no change, alteration or impediment to movement within the UK.

[Stuart C. McDonald]

The simplest way to ensure that free movement continues unimpeded across these islands is to accept that there will in reality be no increased border checks or in-country controls on EU nationals after Brexit—any controls occurring in-country. That is what the Home Secretary has previously suggested. Will the Secretary of State for Northern Ireland confirm that that remains the Government’s thinking?

[James Brokenshire]

We want to maintain the common travel area, which has served us so well over so many decades. Equally, we want to work with the Irish Government to ensure that the external border is upheld and strengthened. That remains our focus.

Oral Answers to Questions

Debate between Stuart C McDonald and James Brokenshire

Monday 13th June 2016 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

T8. Yesterday saw even more newspaper revelations about serious problems with COMPASS asylum accommodation contracts in Glasgow, yet emails from senior G4S staff and minutes of Home Office meetings suggest that these contracts are to be extended come hell or high water. Will not the Home Office at least have enough respect to wait for the Select Committee on Home Affairs to complete its inquiry before making any such decisions?

[James Brokenshire]

We are carefully considering the extension of the existing contracts in accordance with their terms. The introduction of the COMPASS contracts has improved the standards of accommodation, but where there are failings we will take action.

Child Refugees: Calais

Debate between Stuart C McDonald and James Brokenshire

Monday 29th February 2016 Commons Chamber

[James Brokenshire]

It is also about ensuring that there is support in and around the region to prevent people from going out in boats, putting children’s lives at risk. That is why the work done at the London conference, in providing additional education to ensure there is a sense of positive hope, was absolutely the right thing to do. That was backed up by our £2.3 billion commitment to aid and assistance in and around the region. My right hon. Friend is right about ensuring that the hotspots initiative is in place to see that help and support are given at the first opportunity, and that is what the Government are committed to doing.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Does the Minister not understand that France’s Dublin procedures for unaccompanied children are just not fit for purpose and that it takes up to a year even for take charge requests to be issued? In that light, should we not be welcoming, rather than challenging, the recent tribunal decision in ZAT to shortcut the admission of three children from the horrendous Calais camps so that they can join their families here? As the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) suggested, should we not be looking to welcome the other 100 or so Calais children identified by Citizens UK as having family in the UK, so that they, too, can be reunited with their loved ones? Just how much public money has been spent on litigation in this case in an attempt to prevent refugee children in Calais from reaching their families here? Would not that money be far better spent on ensuring that Dublin III processes are fit for purpose and on safeguarding those children?

[James Brokenshire]

The most appropriate thing to do is to see that those young children receive help and support at the earliest opportunity, which is why I emphasise again the need to see that asylum claims are made quickly in the French system. The Dublin III arrangements can operate effectively; indeed, senior French representatives have told us they see no reason why appropriate claims cannot be completed within a period of two months. There are clear processes and procedures that should be adopted, and we urge everyone to get behind them and make them work effectively.

Migration into the EU

Debate between Stuart C McDonald and James Brokenshire

Wednesday 10th February 2016 Westminster Hall

[James Brokenshire]

We will provide assistance to the European Asylum Support Office and to Frontex to help with the establishment of processing centres right on the frontline, to help deal with the problem and co-ordinate things on the ground. That is a core priority. We also continue to support Frontex in its mission to rescue people from the sea. I pay tribute to the Border Force officers, Royal Marines and military medics currently on the VOS Grace, which has rescued several thousand people over recent months and will continue its operations, transferring to off the coast of Libya at the end of this month.

The link between organised crime and migration is clear and unprecedented, and has contributed directly to ongoing suffering and loss of life. For that reason, the UK is playing a leading role in tackling people smuggling and is increasing joint intelligence work to target the cruel gangs that exploit human beings for their own gain. The work of the organised immigration crime taskforce is progressing, bringing together 100 officers from the National Crime Agency, the Border Force, immigration enforcement and the Crown Prosecution Service to pursue and disrupt the organised crime gangs operating across Europe and Africa. We are also harnessing intelligence through Europol, which is proving helpful and fruitful.

I have been challenged about our response in Europe, and I have already identified not only the support that we are providing in the Syrian region but the direct support that we are providing in Europe. Since the crisis began the Government have been clear about our view on relocation: it is the wrong response. It does absolutely nothing to address the underlying causes of the crisis, and it does nothing more than move the problem around Europe. The reality is that it has not even been good at doing that. Commitments have been made over recent months to relocate 160,000 people, but only 497 people have been relocated to date. Instead, we believe that it is most effective to provide support to countries facing particular pressures, and our focus will remain on helping the most vulnerable who remain in the region as part of a comprehensive strategy to end the crisis.

[Stuart C. McDonald]

If the Government will not take part in relocation, what should happen to the million people who arrived last year and the million who will arrive this year? Where should they go? Who should take on that responsibility?

[James Brokenshire]

We have clear rules in Europe that those in need of humanitarian protection should claim it at the first opportunity. We have provided aid assistance and expert support within Europe, and we stand ready to commit more to the hotspots initiative, ensuring that those in need of protection can be better identified. In the past fortnight, we announced the £10 million fund that I mentioned earlier, part of which is intended to harness the Dublin regulation by supporting effective identification of children who need to be reunited with their family. Where family reunion under the regulation is achievable, we will help to match things up by having better systems in place. That is about direct assistance.

Asylum Seekers: Middlesbrough

Debate between Stuart C McDonald and James Brokenshire

Wednesday 20th January 2016 Commons Chamber

[James Brokenshire]

As I highlighted, I spoke to the chief executive of G4S this morning and asked that work be done to assess whether this is an isolated issue. I have asked how we can talk to all the providers under the COMPASS contract and how inquiries can be made with their subcontractors as well. From initial investigations, it seems that some providers of social housing might, for maintenance purposes, paint in a particular colour. We are investigating that further. Jomast made the point that about 20% of its property portfolio is asylum accommodation. We will focus on this issue as part of the audit work I have commissioned, and we will see whether lessons can be learned about the ongoing maintenance assessment. Inspections are undertaken to identify whether accommodation remains suitable or whether steps need to be taken by our contractors. I have tasked out that work as part of the examination. I underline again that we take hate crime very seriously and will remain focused on it in our forthcoming work.

The hon. and learned Gentleman asked about inspections. We will look at the processes and procedures to establish why the significance of this issue was not identified earlier. I have noted reports in the press and elsewhere of the issue having been highlighted to G4S and potentially to others. We are seeking to get to the bottom of that.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I congratulate and thank the hon. Member for Middlesbrough (Andy McDonald) for bringing this issue to the Floor of the House. The provision of accommodation to asylum seekers deserves significant scrutiny, so I welcome the Minister’s announcement of an urgent audit of asylum-seeker accommodation in the north-east. SNP Members and others across the House share his concerns and will have been appalled by the revelation of what seems to have been, at best, an eye-wateringly negligent red-door policy.

We question, however, whether an audit goes far enough. The story of the red doors is troubling, but the delivery of contracts for the provision of asylum accommodation across the country is a broader issue and raises similar serious concerns. Will the Government listen to those concerns? When I speak to the Scottish Refugee Council, I hear about problems of poor-quality accommodation; poor treatment of asylum seekers by staff, sometimes because of a lack of training, sometimes because of inexcusable abuse and mistreatment; inappropriate sharing of accommodation; and about not so much a lack of integration of the services referred to by the Minister but their complete and utter fragmentation. Will he broaden the inquiry into the provision of accommodation for asylum seekers to reflect those concerns? We need an inquiry that speaks to asylum seekers living in accommodation provided by Government contractors and to organisations such as the Scottish Refugee Council, which could have so much input. Finally, when will a decision need to be made into the extension of these contracts and what opportunities will there be for parliamentarians to scrutinise and input into that decision?

[James Brokenshire]

Property standards are monitored under the COMPASS arrangements by three key performance indicators, to ensure that accommodation is safe, habitable and fit for purpose. Accommodation is inspected frequently by G4S, the local authority and the Home Office, and, as I have indicated, housing officers visit a third of all properties every 28 days, on an intelligence-led basis, under our overall compliance approach.

The hon. Gentleman made a point about complaints. Provisions in the contract ensure that complaints should be escalated and taken seriously. Again, that is something I want the audit to understand in terms of the situation in the north-east. The matter will be pursued in that way. He also asks for a broadening of the arrangements. I do not judge that to be appropriate. I will see what the audit tells us and then consider whether further action is needed.

Immigration Bill

Debate between Stuart C McDonald and James Brokenshire

Tuesday 1st December 2015 Commons Chamber

[James Brokenshire]

As I have said, the current Home Office policy is to use detention sparingly and for the shortest period necessary, which is why our work on ensuring a more efficient and effective system consistent with our obligation is absolutely consistent with the themes redolent in paragraphs (b) to (e) of new clause 13. The difference is that I believe that having a 28-day time period does not advance the cause. It is a blunt instrument that does not take account of the full range of different circumstances that are redolent here from foreign national offenders to those who might not be compliant with the requirements we put upon them or who abscond, so we need to look at the situation on a case-by-case basis. I repeat, however, that we are conducting our review in the light of our focus on efficiency and effectiveness, and we will revert to the House as I have outlined.

A number of other points, including about the right to rent, have been highlighted in the debate. The right-to-rent scheme restricts the access of illegal migrants to the private rented sector, stopping them setting down roots and building ties. The scheme, which has been rolled out to parts of the west midlands, has not proven difficult or burdensome for landlords, but it has led to illegal migrants being apprehended.

The scheme has been in place for one year and is working as intended. The Government published an extensive evaluation of the right-to-rent scheme’s first six months, and this found no hard evidence of discrimination or any new barriers to lawful residents accessing the private rented sector. Repealing the right-to-rent scheme would remove a significant part of the Government’s measures to deter illegal migration. The Bill’s provisions on residential tenancies are aimed to make it easier for the majority of reputable landlords to evict illegal migrant tenants and to crack down further on those rogue landlords who do so much to damage the sector.

The offences are framed to allow for the prosecution of those who are or who have knowingly rented to illegal migrants or who have or had reasonable cause to believe that they were renting to illegal migrants. We believe that that is the right approach, but a conviction will be possible only where the offence has been proven to the criminal threshold of beyond reasonable doubt. These offences are not designed to catch out a landlord who has made a genuine mistake, and it is difficult to foresee a situation in which it would be in the public interest to pursue a prosecution against a landlord making reasonable efforts to remove illegal migrants from their property.

There are concerns about people being evicted without adequate notice or without sufficient safeguards in place—and points were raised about these in the debate on some of the other amendments. However, safeguards already exist. The Secretary of State will serve notices only where she is satisfied that the migrant is here unlawfully and only after taking the migrant’s circumstances into consideration. Should there be recognised barriers to illegal migrants leaving the UK that are not of their own making, these will be taken into account.

The hon. Member for Glasgow North East (Anne McLaughlin) asked about measures relating to charities. Amendment 46 would create what we regard as a significant loophole in the right-to-rent provisions. It could lead to endless quibbling about what is meant by “significantly exceed the costs” and indeed about what constitutes “costs”. I responded in Committee to give an assurance on a number of different aspects, and said that many of the shelters would fall outside the provisions. Our concern is that rogue landlords would take advantage of the measures that the hon. Lady outlined, and we would not want to create such a loophole.

In the debate in Committee on the director of labour market enforcement, there was strong support on all sides for the creation of such a director, which has been reflected in today’s debate, too. The director’s role is already set out in the Bill. The director will set out the strategy for our enforcement bodies to stop exploitation and non-compliance across the spectrum, but there is a difference between the role of the director and that of the anti-slavery commissioner. If we look at all the different aspects of the labour market enforcement strategy, we judge that the provision is right, but we will obviously continue to reflect to ensure that it is appropriately framed.

On the issue of resources, we have recently announced that we will increase HMRC’s budget for 2015-16 by £4 million around the issue of the national minimum wage. The director will analyse the available funds across all the different aspects for which he or she would have responsibility.

Some have raised concerns about the offence. The Government would not want to prosecute those who have been forced to travel here and exploited for the profit of others, which goes to the heart of the matter. That is why the offence is not aimed at the victims of modern slavery. The statutory defence in section 45 of the Modern Slavery Act 2015 will apply.

On some of the issues raised by SNP Members, we maintain that the heart of the issues that matter here are reserved, so it would not be appropriate to accept the proposed amendments. New clause 16 would amend the compensation arrangements for those experiencing financial detriment as a consequence of an illegal working closure notice, but we believe that these provisions are already covered in paragraph 15 of schedule 3 and related safeguards, which are, in our judgment, sufficient. As for James Ewins’s review of overseas domestic workers, it will shortly be published and will no doubt be subject to further consideration at that stage.

I reiterate to right hon. and hon. Members that we have given careful consideration to the Bill and have reflected on a number of the points raised. I hope that, with the assurances I have given, right hon. and hon. Members will be minded not to press their amendments and new clauses to the vote.

[Stuart C. McDonald]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Clause 8

Offence of illegal working

Amendment proposed: 19, page 5, line 2, leave out clause 8.—(Keir Starmer.)

To omit the clause on the new illegal working offence and maintain the status quo.

--- Later in debate ---

[James Brokenshire]

My hon. Friend makes an important point. The issue of prison conditions is relevant, for example, as are prisoner transfer agreements and the bilateral arrangements that we have in place. Work is being done across Government on the return of foreign national offenders, which I know was a particular issue for my hon. Friend the Member for Enfield, Southgate, not simply in the Home Office, but in the Foreign Office, the Ministry of Justice and elsewhere, to look at these issues in the round and see what measures and mechanisms are available to us to enhance the process. My hon. Friend the Member for Bedford (Richard Fuller) was right to frame his point in that way. I assure him and my hon. Friend the Member for Enfield, Southgate that we are taking a joined-up approach across Government to use the measures that are available to us to enhance our response in respect of returns.

New clause 12 seeks to create a system that requires non-UK nationals, including EU nationals, seeking leave to enter and remain in the UK to obtain legal authority to remain in the UK. I agree with much of the thinking of my hon. Friend the Member for Christchurch (Mr Chope), but new clause 12 essentially seeks to curtail the free movement of EU citizens to the UK under existing treaty rights. I am not sure that legislation is the right way to approach that.

The Immigration Act 2014 limits the factors that draw illegal migrants to the UK and introduces tough domestic reforms to ensure that our controls on access to benefits and services, including the NHS and social housing, are among the tightest in Europe. We believe that the way to bring about real change is through effective renegotiation with the European Union. My hon. Friend the Member for Christchurch will be well aware of the letter the Prime Minister sent to Donald Tusk, the President of the European Council, to set out our approach and the broader stance we seek to take.

New clause 14 would require the Secretary of State to amend the minimum income threshold requirement for sponsoring a non-EEA national partner and any non-EEA national dependent children to settle in the UK. That would undermine the impact of the minimum income threshold, which the courts have agreed correctly reflects the public interest in controlling immigration to safeguard the UK’s economic wellbeing by preventing family migrants from becoming a burden on the taxpayer and by promoting their integration. A couple with income equivalent to the national minimum wage can still access income-related benefits and tax credits. A minimum income threshold set at that level would therefore not be sufficient to prevent burdens on the taxpayer once the migrant partner reached settlement and had full access to welfare benefits. It would also provide less support for the migrant partner’s integration in society. That is simply not an adequate basis for sustainable family migration and integration.

[Stuart C. McDonald]

Will the Minister clarify his position on the rules that prevent potential income from a non-EEA spouse from being taken into account? That income is not a burden on the UK taxpayer, so why is it still the Government’s position that it should be excluded?

[James Brokenshire]

As I have indicated, it is about creating a long-term stable position on what may be considered a burden. I underline that we continue to look at the specific rules on what is and what is not taken into account. I am happy to reflect further on the point that the hon. Gentleman has highlighted. The Government’s approach has been challenged in the courts and the relevant monetary threshold has been upheld. We will continue to analyse experience and evidence in respect of this matter, but our judgment is that the way in which we assess what is counted is right.

New clause 15 would require the Secretary of State to amend the entry clearance rules for non-EEA national adult dependent relatives to remove the current requirement that the personal care needs of that relative cannot be met in their country of origin. Again, that would represent a significant dilution of the reforms implemented in July 2012. The route for adult dependent relatives was reformed because of the significant NHS and social care costs that can be associated with these cases. The route now provides for those most in need of care, but not for those who would simply prefer to come to live in the UK. The family immigration rules that we reformed in the last Parliament are having the right impact and are helping to restore public confidence in this part of the immigration system. If personal care needs can be met in someone’s country of origin, it is not right to allow them to travel to the UK for that purpose.

Humanitarian Crisis in the Mediterranean and Europe

Debate between Stuart C McDonald and James Brokenshire

Wednesday 9th September 2015 Commons Chamber

[James Brokenshire]

I entirely agree with my hon. Friend, whose speech I commend for underlining the importance of examining the long-term future of the region. This debate has focused on that serious issue and it is important that we continue to do so.

Most of the debate has focused on the pressure in the Mediterranean as a result of events in the middle east and north and sub-Saharan Africa. The UK works closely with international partners to tackle the conflicts in Syria, providing support to the region and fighting the criminal gangs who exploit people. We continue to play a huge role in international search and rescue efforts to save lives at sea. HMS Enterprise and the Border Force cutters are still patrolling the waters, supported by a helicopter, and the combined response that the UK has generated has saved more than 6,700 lives to date.

We recognise that many people are refugees fleeing conflict. That is why the Prime Minister announced on Monday that the UK will resettle up to 20,000 Syrian refugees over the lifetime of this Parliament, building on existing schemes. That is in addition to a further £100 million of humanitarian aid for those in camps in Syria, Turkey, Jordan and Lebanon, bringing our total contribution to more than £1 billion. The UNHCR views our contribution on resettlement as serious and substantial.

[Stuart C. McDonald]

The Minister will have heard me say earlier that the Ministry of Defence revealed this afternoon that HMS Enterprise is rescuing people from the Mediterranean at less than 10% of the scale that HMS Bulwark achieved. Is there an explanation for that, and how is it consistent with what the Prime Minister and the Chancellor said in June about continuing to play a full role in search and rescue?

[James Brokenshire]

The Royal Navy and Border Force continue to provide support to the efforts of Operation Triton to save lives in the Mediterranean. HMS Enterprise is also supporting the effort against trafficking, identifying those vessels that are linked to people smuggling. On 22 and 23 August, HMS Enterprise contributed to a major rescue of migrants in the Mediterranean, working with the EU-led mission, which saved about 4,400 people in a single day. It is contributing as part of a wider network of vessels and is absolutely playing a role in dealing with the immediate issues in the Mediterranean.

I want to move on to how we will ensure that the resettlement programme works effectively. The Home Secretary and the Secretary of State for Communities and Local Government will hold their first meeting on Friday to discuss the arrangements and the Home Secretary will update the House next week. We are listening to the representations of the devolved Administrations and local government, and are keen to ensure they are reflected in our proposals. This is not only about speed and delivery, but about ensuring that the support we provide is effective and will deliver the welcome that we all want to see for those who arrive here. That point was highlighted by a number of Members.

We will continue to work with our European partners to solve the immediate issues, but the EU needs to deal collectively with the causes of the crisis, not just its consequences. That can be done only with a comprehensive solution. That is why we need to continue to build stability in source and transit countries, and to develop economic and social opportunities by targeting development aid and increasing investment. We need to continue to assist those who are in genuine need of international protection and swiftly return those who are not.

We also need to tackle the organised crime networks that facilitate people smuggling. Organisations such as Europol have an important part to play in that and we are working closely with them to put in place the intelligence flows that are needed to go after the people traffickers. Equally, we must understand the way in which those organised crime groups are using social media, so that we can disrupt them and take direct action against them.